Public-domain · open source
OpenJurist

O.C.G.A. § 50-2-21

Jurisdiction extends to all persons within state limits; court’s option to decline jurisdiction

Applied in 1 court decision — leading case 669 F. Supp. 2d 1353 - Hemispherx Biopharma, Inc. v. MidSouth Capital, Inc. (2009)

Most recently applied in 669 F. Supp. 2d 1353 - Hemispherx Biopharma, Inc. v. MidSouth Capital, Inc. (November 2009)

Orig

(a) The jurisdiction of this state and its laws extend to all persons

while within its limits, whether as citizens, denizens, or temporary

sojourners.

(b) A court of this state may decline to exercise jurisdiction of any civil cause of action of a nonresident accruing outside this state if there is another forum with jurisdiction of the parties in which the trial can be more appropriately held. In determining the appropriateness of this state or of another forum, the court shall take into account the following factors:

(1) The place of accrual of the cause of action; (2) The location of witnesses; (3) The residence or residences of the parties;

(4) Whether a litigant is attempting to circumvent the applicable statute of limitations of another state; and

(5) The public factor of the convenience to and burden upon the court.

(c) Upon a motion filed not later than 90 days after the last day allowed for the filing of the moving party’s answer and upon the party’s showing that the existing forum constitutes an inconvenient forum based on the factors listed in subsection (b) of this Code section and where there is another forum which can assume jurisdiction, the court may dismiss the action without prejudice to its being filed in any appropriate jurisdiction on any condition or conditions that may be just.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.